IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 11.1.2019
State of Punjab and another
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Vijay Rana, Advocate,
for the petitioner(s).
Mr. Arjun Singh Yadav, AAG, Haryana
Mr. Amit Goyal, Advocate,
for the complainant.
RAJ SHEKHAR ATTRI, J.
By invoking Section 482 Cr.P.C., the petitioner(s) has prayed
for quashing of FIR No. 118 dated 20.12.2017 for offences punishable under
Sections 406, 498A of the Indian Penal Code registered at Police Station
Women Cell, District Ludhiana and proceedings emanating therefrom on
the basis of compromise (Annexures P-2) arrived at between the parties.
In the present case, the FIR was registered on the statement of
Haninderjit Kaur daughter of Jagdish Singh. Now, dispute between the
parties has been resolved by way of compromise Annexures P-2.
Statements of the parties have been recorded before the
Mediation Conciliation Centre of this Court wherein they have arrived at
a settlement and made a compromise.
Parties are bound by their statements made before Mediation
Conciliation Centre of this Court.
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Counsel for the State and respondent No. 2 have not disputed
that the parties i.e. petitioner and respondent No.2 (complainant) have
arrived at a settlement with an intent to give burial to their differences.
Perusal of allegations in the FIR reveals that the present case
squarely falls in the category of cases that can be quashed by the High Court,
in exercise of its inherent power under Section 482 Cr.P.C. Keeping in view
authoritative enunciation of law laid down by Hon’ble the Supreme Court in
‘Gian Singh v. State of Punjab and another’, 2012 (4) R.C.R. (Criminal)
543 and in the light of facts and circumstances discussed hereinbefore, this
Court is of the considered opinion that continuation of criminal proceedings
would amount to abuse of process of law and it is expedient in the interest of
justice that the same are put to an end.
For the foregoing reasons, the petition is allowed, FIR No. 118
dated 20.12.2017 under Sections 406, 498A IPC registered at Police Station
Women Cell, District Ludhiana and proceedings emanating therefrom stand
quashed qua the petitioner(s).
January 11, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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